SHANKARE GOWDA Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner, who is arrayed as accused No.2, is charge sheeted in respect of the offence under Sections 3, 4, 5, 6, 7, 8 and 9 of the Immoral Traffic (Prevention) Act, 1956 ('the Act' for brevity) read with Sections 366-A and 372 read with Section 34 of IPC. Now the matter is committed to the Sessions Court.

(2.) The gist of the prosecution story is, on a credible information about ongoing prostitution, the Circle Inspector with his staff and panchas raided one Arunodaya Residency Lodge on the night of 27.8.2010 and found that the accused No.1 had procured minor girls CW-2 and 3 and lured CW-4 with money and had sent them for prostitution through accused No.2 to the Lodge, thus was carrying on prostitution with the aid of accused Nos.3, 4 and 5.

(3.) Sri.S.Chetan Nag, learned Counsel appearing for the petitioner submits, CW-1/C.P.I., Nelamangala, is not a designated Special Police Officer under Section 13 of the Act. On the basis of the Search Order dated 27.8.2010 issued to him by the Deputy Superintendent of Police, Nelamangala, he sent CW-8/decoy witness, CW-7/public person for investigation. Subsequent thereto, he conducted raid on the said Lodge and apprehended eight accused persons including the petitioner herein. CW-15/P.S.I. (Law and Order), Madanayakanahalli, though not a designated Special Officer under Section 13 of the Act got registered the case in respect of the alleged offences and arrested all the eight accused persons. He made requisitions to the jurisdictional Court to treat the accused Nos.1 to 3 as victims of the incident and thereafter filed charge sheet against four accused persons. The first accused is shown as absconding. The learned Magistrate without application of mind about the procedural irregularities has taken cognizance of the matter, thereby the consequential charge sheet is vitiated. Assuming that the Deputy Superintendent of Police, Nelamangala, is the Special Police Officer under Section 13 of the Act, the order dated 27.8.2010 issued by him to C.P.I., Nelamangala though captioned as "search order", virtually is an order to conduct the raid. It was not an order enabling the P.S.I. to arrest the person without warrant. The order passed by the Dy.S.P. is illegal and against the provisions of Section 15(1) of the Act. The search is not conducted in front of two or more respectable inhabitants of the locality. As per the medical certificate, the victims/accused Nos.1 to 3 are above 18 years. Hence, no case under Sections 366A and 372 of IPC is made out.